Law enforcement has learned from terrible lessons of the day

Friday

Apr 12, 2013 at 3:15 AMApr 12, 2013 at 8:23 AM

By Jim Haddadinjhaddadin@fosters.com

DOVER — In the months since a drug raid in Greenland ended in tragedy, law enforcement officers throughout the state have been analyzing the event to draw lessons that could help reduce the potential for violence in the future.

That review process was most pronounced at the attorney general's office, which oversees the state's Drug Task Force — the group that coordinated the April 12, 2012, operation in Greenland.

The DTF was searching for evidence of cocaine and the prescription painkiller oxycodone that day when they attempted to execute a search warrant at the home of suspected drug dealer Cullen Mutrie. They were also carrying a warrant to arrest Brittany Tibbetts, a 26-year-old Maine resident. Mutrie opened fire on six Drug Task Force officers as they attempted to search his home, wounding four. Greenland Police Chief Michael Maloney was then shot through a basement window about 10 minutes later. Mutrie eventually killed himself and shot Tibbetts dead in the midst of a lengthy standoff with police.

An independent commission reviewed the shootings and determined there were deficiencies in the planning and execution of the operation. The commission also raised concerns about the management and supervision of the Drug Task Force, which was operating without “clear and unambiguous lines of authority and responsibility,” according to the commission.

DTF consists of four distinct teams, and leaders of those teams were found to be exercising differing levels of influence over operations, according to the commission. Some were very hands-on, and others delegated “significant responsibility and influence to team members,” according to the report.

One issue highlighted by the commission was the decision to forcibly gain entry to Mutrie's home without help from a better-equipped tactical team. The commission also drew attention to the fact that DTF did not have a policy in place requiring officers to use a threat-assessment tool to gauge the risk posed by a suspect.

Such a tool lays out risk factors objectively, and asks police to assign numerical values to each risk factor. A score above a certain threshold immediately deems a search warrant to be “high-risk,” requiring the assistance of a tactical team.

Attorney General Michael Delaney accepted all findings of the Greenland Incident Review Commission's report in December. That process included adopting a new policy on Dec. 3 regarding warrants. It dictates that if DTF members are seeking a so-called “no-knock” search warrant — giving them permission to enter a suspect's home unannounced — then a tactical team must be called in. Additionally, any request to pursue an arrest or search warrant must now be authorized by the DTF commander or a designee.

Delaney's office has also adopted risk assessment tool developed by the FBI. It asks officers to evaluate a range of factors, such as the nature of the evidence being sought and the level of the charge that would stem from the search. Another question asks whether the search requires forcible entry and the use of breaching tools.

Cases in which the threat level of executing a warrant ranges between 1-15 points can be handled by a team supervisor, after receiving approval from command staff in Concord. A case with a score of 16-25 requires DTF to consult with a tactical team supervisor before executing the warrant. A SWAT team must be called in for anything that scores above 26.

Before operations are executed, DTF team leaders must now forward copies of risk assessment information and draft warrants to the commander or his or her designee for review.

New gear has also been purchased, including Level III ballistic vests and first aid kits for DTF members operating in the field. DTF officers are also now required to use the portable radios assigned to the team or radios loaned to them from municipal police departments during the execution of arrest and search warrants.

The attorney general's office also drafted a new organizational chart, illustrating a clear chain of command, according to Senior Associate Attorney General Jane Young. Retired State Police Capt. Scott Sweet was hired in October to take over as DTF commander. The leaders of the state's four DTF teams now answer directly to Sweet.

“I would say that there is constant and consistent contact between the team leader and the commanders and the deputy commander,” Young said.

Other policies are under review, including the policy surrounding handling of confidential informants. Young said staffers at the attorney general's office meet on a weekly basis to review procedures in “painstaking detail.”

“All of the DTF policies are being reviewed and updated when necessary,” she said. “If we see a policy that we don't have, we are creating policies.”

DTF officers received first-aid training on Dec. 18, and all investigators from the attorney general's office also received first aid kits, Young said. The investigators are scheduled for training next week.

Additionally, the DTF commander and team leaders are preparing to attend a narcotics leadership program run by the federal Drug Enforcement Administration. The new commander also attended a weeklong drug unit training school in February.

Local police also reviewing policies

Although the tragedy last April placed the Drug Task Force under scrutiny, local police chiefs say the Greenland shooting also provided them with a sobering reminder of everyday risks.

Dover Police Chief Anthony Colarusso said his department began looking for ways to minimize the potential for violence in the wake of the shootings.

“There may be times when we end up kicking down a door and making a dynamic entry,” he said, “but I think those times are going to be fewer.”

Dover police are exploring alternatives to forcing their way into a suspect's home, such as surrounding the building with a tactical team and waiting for a suspect to emerge. Another option is placing a surveillance team at the target's residence and waiting for them to leave the building.

“What I would say is whenever something like this happens, you have a major incident where several officers are injured, you know, Chief Maloney was killed, I think it's your duty to take a detailed look at it and see what you can do to improve officer safety in the future,” he said.

In Greenland, Police Chief Tara Laurent said the memory of last year's shootings has made the department “hypersensitive” to officer safety. About one month after Maloney's death that Greenland police faced another case involving a search warrant for narcotics and guns — factors similar to those presented in the Mutrie case. Still on edge, they reviewed the details multiple times before visiting the suspect's house.

“Anything that helps make officers and citizens safer in general during any of these operations I fully support. As far as if (last year's incident) changes anything from day to day, I think it makes us more cognizant of (risks),” she said.

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